Aboriginal Housing Company Limited v Kaye-Engel (No 6) [2015] NSWSC 1241

Supreme Court New South Wales

Medium Neutral Citation: Aboriginal Housing Company Limited v Kaye-Engel (No 6) [2015] NSWSC 1241 Hearing dates: 23, 24, 25 and 26 February 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Common Law Before: Wilson J Decision: 1. Paragraphs 74 to 97 of the statement of cross-claim filed by the defendant on 17 April 2014 are struck out pursuant to r.14.28 of the Uniform Civil Procedure Rules. 2. The statement of cross-claim filed by the defendant on 17 April 2014 is dismissed. 3. The plaintiff is directed to file and serve any submissions directed to any further orders it seeks by close of business on 4 September 2015. 4. The defendant is directed to file and serve any submissions in reply by close of business on 18 September 2015. 5. The Court will make final orders on the papers. 6. Liberty to the parties to restore the matter within 7 days Catchwords: CIVIL LAW – declarations regarding residential premises occupied by defendant – jurisdiction to hear and determine the plaintiff's claim for possession - payment of rent in arrears – Notice of Termination – vacant possession – Residential Tenancies Act – protracted history between parties – findings of fact Legislation Cited: Civil Procedure Act 2005 Consumer, Trader and Tenancy Tribunal Act 2001 Legal Aid Commission Act Residential Tenancies Act 2010 Uniform Civil Procedure Rules Cases Cited: Aboriginal Housing Company Ltd v Kaye-Engel (No 2) [2014] NSWSC 717 Aboriginal Housing Company Ltd v Kaye-Engel (No. 3) [2014] NSWSC 718 Aon Risk Services Australia Ltd v Australian National University [2009] 239 CLR 175 R v Zorad (1990) 19 NSWLR 91 Category: Principal judgment Parties: Aboriginal Housing Company Limited (Plaintiff) Natalie Kaye-Engel (Defendant) Representation: Counsel: N Kabilafkas (Plaintiff) Self-represented (Defendant)